S.C. Gullah Geechee Lawsuit Restores Temporary Cemetery Access

Julia Scott is disappointed. 

Despite a judge granting her and other Gullah Geechee residents in St. Helena Island, South Carolina, access to the centuries-old Big House Cemetery, they must give the property owners — who put up a gate to block the entrance — written notice first.

“It’s a start, but I am not pleased with it,” the 82-year-old said. “I’m happy that we can go down if somebody dies in a family, or if I should die I’ll know where I’ll be laid at.”

In 2023, one white landowner put up a gate on Everest Lane to prevent damage to her property. She initially allowed access, but later changed the locks. In 2024, a father and son installed a second gate on nearby Everest Road. Both blocked access to the cemetery, which is owned by a Black family. The landowners purchased property near the cemetery. 

Circuit Court Judge Carmen T. Mullen’s temporary injunction orders the landowners to open the gates for funerals, burials, and cleanup efforts. 

The Feb. 20 decision comes nearly a year after 10 residents — including Scott and the Big House Cemetery Committee — filed a lawsuit in the Beaufort County Circuit Court of Common Pleas. They alleged Theresa (Terri) Aigner, Rody Cody Harper, and his son Walter Robert Harper Jr. unlawfully denied them their cemetery rights, citing a violation of South Carolina law that protects the rights of descendants and the larger community “to visit, care for, bury in and maintain cemeteries, graves, and other burial grounds for cemetery purpose.” 

What’s happening on St. Helena Island follows recent examples of other Gullah Geechee communities such as Tybee Island and James Island who have fought against projects that disturb burial grounds. 

Scott says this legal battle has taken a toll on her health. She also worries that Aigner may still keep the gates locked.

“At my age, I don’t need to be going through all of that,” she said. “My doctor told me I was dead 46 years ago, but I’m still here. That’s why I’m concerned because I don’t know when my night or day might come.

She paused: “I’d like to be [buried] where my mom and my husband at,” referencing Big House Cemetery.

While Scott is cautious to celebrate, others say the ruling on St. Helena Island is a sign that a full victory to permanent, unrestricted access is closer in sight.

“In order for the judge to grant this temporary injunction, she had to decide that were likely to win on one of the claims, and that gives me hope,” said Jessica Vosburgh, senior staff attorney at the Center for Constitutional Rights. “It’s not everything that we ask for. It’s not everything we’re fighting for, but it’s a step in the right direction.”

Gregory Alford, attorney for Aigner and the Harpers, worked to previously dismiss the case and alleged the plaintiffs had not suffered any immediate or irreparable harm and had full access to the cemetery via Pope Estates Road, which “is more suitable for vehicular traffic,” according to a post-hearing brief in December.

He also alleges Harper Jr., who maintains the roads at his own personal expense, had significant damage to the roadway by oversized funeral vehicles. It resulted in erosion, standing water, and deterioration of the road.

“He further attests that no cemetery representative or funeral homes offered to repair the damage, and that he incurred more than $6,000 in out-of-pocket expenses attempting temporary repairs,” the brief said. 

Capital B reached out to Alford and did not hear back. 

The judge also also ordered the plaintiffs to post a bond of $5,000 to cover roadway repairs, despite their ask to pay no more than $1,000.